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CITY OF BERKELEY LAKE
4040 Berkeley Lake Road
Berkeley Lake, GA 30096-3016
PLANNING AND ZONING COMMISSION
Meeting May 17, 2005
Full Minutes
Call to Order: Chairman Bob Herb called the meeting to order at 7:33pm on May 17, 2005 at 4043 S. Berkeley Lake Road.
Present: Commissioners Skip Johnson, Rodney Hammond, Gary Moore and Craig Belt. Chairman Bob Herb. Jackie Wall (P and Z Clerk)
Guests Present: Eric Johansen (Crescent Development), Barry Etheridge (I-Engineering), Jim Brennan (Atlanta Land Group), Rick Edinger (Clark Patterson Associates), Lois Salter, Marcie Zielazienski, Ann Yessick, Amy Norman, Nicholas Lore and George Kaffezakis.
Old Business
Minutes: Commissioner Johnson motioned to approve the minutes for the April 17, 2005 meeting. Commissioner Moore seconded the motion. All were in favor of the motion.
New Business
The 9.28 acre tract of real property at the southeast corner of the intersection of North Berkeley Lake Rd and Peachtree Industrial Blvd.: consider approval of a concept plan to construct commercial and office- industrial properties.
Chairman Herb described the special zoning on the property that was negotiated by the City and property owners during a rezoning settlement in 1999 which declared the property could be developed half commercial, and half Office and Industrial (O and I). The property also has some special requirements with regard to drainage requirements etc. He said that the developer and P and Z commissioners were aware of the specific requirements of the zoning and that they would be taken into account during the discussion.
Eric Johansen from Crescent Development described the 9.28 acres. He said that there was a current request from Gwinnett County to purchase a tenth of an acre strip along the roadside to extend the bike path currently being installed, therefore the property to be considered was 9.18 acres. He said his company was able to comply with all the conditions set forth in the agreement for the property in 1999.
Johansen said that they had two concepts to consider- Plan A and Plan B, and he then described the differences between the two. Plan A required no variances from the City of Berkeley Lake; Plan B required two variances from the City of Berkeley Lake.
Otherwise the square footage of the buildings, users and density of the plans was the same. He described the main difference- Plan A has a 50 ft buffer against two Gwinnett County zoned industrial tracts: Fire Station #19, and the detention pond owned by the Blue Ridge North Property Association (a descendent of O’Neel Steel). He said he had spoken to representatives from both groups. Plan B required a reduction in that buffer.
Johansen described the look and feel of the upscale office buildings based on those that he had already built in Duluth and the Johns Creek area. The eight office buildings he had planned would be 6000 sq feet each and he described them in detail. There would be a 4000 sq ft bank out-parcel on the front corner. There would be three driveways for access in and out which would need to be approved by Gwinnett County DOT. He then described the shops, and possible restaurant use with an outdoor plaza on the corners. He said it would be an upscale village style plaza that was pedestrian friendly. The intent was to bring in retail to compliment office users.
Johansen described the challenges of the property- specifically the 40 ft grade change from one end of the property to the other, and therefore the need for a wall along Peachtree Industrial Blvd (PIB).
Johansen then described Plan B. The total square footage of the buildings would be the same but with a different layout. He said that they would prefer to build Plan B because of the flexibility of the space, and both the retail and office buildings were spread out in a better way. He said he also felt that it was a better option for the City.
Johansen described the two variances that Plan B would require: he said that the City of Berkeley Lake parking ordinance requires that the parking spaces should be 9 ft by 21 ft deep. He said that they would request that the parking spaces would be 9 ft by 19 ft spaces to allow for less impervious area, and to be able to plant all the trees required.
Johansen described the other variance Plan B would require: a 25 ft buffer instead of a 50 ft buffer against the fire station and the detention pond area. He said that they have asked Gwinnett County for a 20ft construction grading easement, which will go before the Board of Commissioners for approval within the next month. He said he did not think it would be an issue for the County as they will get a better buffer for their Fire Station property, which was not the case when the fire station was built. The grading easement would be to allow a true 2 to 1 slope that would serve as a true buffer for screening and acoustical purposes. He showed some pictures to illustrate the foliage that would be planted there.
Johansen then described their proposal to use the detention pond which is alongside the property to control run off of the stormwater as described in the requirements of the agreement. He said he was talking to the current owners to see if his company could upgrade it and bring it up to the current Gwinnett County standards. He said the pond was not working sufficiently right now for the volume necessary, and they wanted to rebuild it so it would control the run off at a better rate, filter it and act as a detention facility, instead of an underground detention area that would be necessary in Plan A. He described the alternative for Plan A. He said that Plan B would be a better proposition for the City.
Chairman Herb reiterated that the agreement requires the company to divert 5 acres of stormwater away from Berkeley Lake.
Johansen then described the number of trees that would need to be planted to adhere to the City tree and landscaping ordinances, which require 32 units an acre with trees of a 4 inch caliper- a total of 400 trees or 490 trees with a caliper of 3 inches. He said that in order to plant that many trees Plan B would also be a better option. He described the landscaping and showed visual renderings of what it will look like for screening capabilities too. He described the types of trees they would use: Magnolia and hollies, wax myrtles and Leyland cypress, which would start between 8-10 feet tall. All of them would be irrigated. He also described the foliage on North Berkeley Lake Rd. There will be a 10 ft landscape strip with a mix of 3 inch and 4 inch caliper trees mixed with sod and upscale landscaping. He said that the City could require an inspection after the first year after the Certificate of Occupancy is granted to check that the original plans were adhered to. He said that there would be a strict covenant for the owners association that will require the maintenance of landscaping and other services, so they would always be responsible for it and trees could not be removed at a later date.
Johansen said that they work with Georgia Power to develop the light requirements of the site, so they would not to direct light onto the road or towards the residences. He later described the lights which would be 12 ft tall poles facing down to keep the light on the property, but would be attractive to retail users. The lighting would be the same on both plans. He also offered later to make a review of the lighting requirements to be a part of the Land disturbance permit approval, so it would all be in writing, as well as a notation on the plat itself. The lights would be kept on overnight for security reasons, especially for the retail area.
Johansen described the wall that would be erected along PIB to allow for the 40 ft grade change from one end of the site to the other. He said there would be a steep but safe driveway at the entrance to get a better natural grade on the site. He said that the wall would be approximately 40 ft at the highest point. He said it was possible to have the wall tiered into two walls.
Chairman Herb suggested cascading greenery to soften the walls.
Johansen said that shrubbery type greenery would be possible, as they do not have big root areas like trees that could undermine the safety of a two tiered wall. He described the options for the material of the wall and asked not to have a final decision on that at this point. However the wall could be treated to retard any graffiti and to make it easier to clean off.
Johansen also described the differences in the entryways on both plans, which may affect the retail users. Plan A did not have as much accessibility as Plan B as it included an area with a dead end.
There were questions as to whether Johansen would consider purchasing the land with the detention pond on in Plan B, and then consider annexing it into the City to protect it further in the long term. Johansen agreed that he would approach the owner of the detention pond about selling it to him.
There were questions about the high tech ways that could be implemented to clean the water from the run-off in the detention ponds. Etheridge described the process, which would adhere above and beyond the requirements of Gwinnett County and the ARC standards and remove at least 80% of the pollutants. There were further questions about the silt run off, removal of petroleum products and trash in the detention pond on a regular basis.
Johansen said that the ongoing maintenance of the pond, the frequency of cleaning and whose responsibility it was would be determined beforehand as part of covenants of the property. He said that the City could have a written copy of the covenants, and suggested he could provide a draft example copy for the City to look at before then too.
There were questions about the site during the construction phase.
Edinger said that there were regulations in the site development plan that would have to be reviewed before construction.
Johansen agreed that the largest issue could be the impact of soil erosion. He said they would go beyond the usual requirements to stop that happening: No dirt on the road, good construction site supervision, wash-down stations for vehicles etc. In an effort to provide for due diligence before the start of the project, he had already agreed to pay for a pre-construction silt survey of the lake.
It was clarified that there would also be a topographic survey of the property on the preliminary plat in order to review potential run off, and see the final levels of the land. It was also clarified that the land would be at the road level at the intersection but would rise along PIB. There were some concerns that the height may deter retail stores if it was not possible to see them from the road. However, it was suggested that they would be seen at the intersection and traveling all directions except north on PIB for a short distance.
There were questions about the possible hours of operation at the location. There was general discussion about the opening time options and it was agreed that normal hours of business could be from 6 am to midnight, with deliveries between 7 am and 7 pm.
There was discussion about the level of the performance bond, which is calculated at $3000 an acre at a total of $27,000. It was suggested that it should be higher to provide for silt removal from the lake should it become necessary. It was agreed it should be set at $75,000.
There was further discussion about the terraced walls and it was agreed that no one wall should exceed 20ft. Terracing of the walls would mean that the eventual overall height would be higher than one single wall. There was also further discussion about the choice of trees for landscaping and whether they could be trees with longer life spans. It was agreed that a potential list of other possible trees would be provided, so that P and Z could choose from a different variety should they wish to and then add it to the land disturbance plan.
There was a request that other associations in the City, such as the BLHA, would like to have some input to the development plans due to the possible impact on the lake. Herb explained that P and Z and City Council are the governing bodies that approve and control development plans, not associations like BLHA. Johansen said that he would not mind hearing suggestions from BLHA.
There were questions about the dry hole on the corner of the property by the proposed bank and whether it would be fenced. It was described as very shallow and would be surrounded by landscaping and not a fence.
There was clarification by Chairman Herb as to the next procedures that the property would go through. After the concept plan was approved by P and Z and City Council, there would be review of the preliminary plat with the additional wording requested. That would be approved again by both P and Z and Council. Clark Patterson Engineers would continue to review the plans for the City as the project plans evolved.
Commissioner Hammond motioned to move forward with Plan B with the following conditions being added:
1)To approve the buffer variance requested for Plan B to reduce it from a 50 ft to a 25 ft buffer which would be replaced by trees 8-10 feet tall in 2 rows of 2 on both sides of the property rows for a total of 4 rows with a type of trees to be planted contingent on P and Z approval. Notation to be made that the tree buffer could not be removed at a later date.
2)There would be a two tiered retaining wall on PIB that would be treated with a graffiti retardant. No one wall could exceed 20 ft in height.
3)No lighting should spill onto PIB or North Berkeley Lake Rd. There shall be a review of the lighting plans by Clark Patterson engineers at the time of land disturbance review.
4)The developer should purchase and own the detention pond from the adjacent owners and maintenance of the pond should be put in the commercial owners association deed covenants and by laws, which the Berkeley Lake City attorney would have the opportunity to review before finalizing. The developer should agree to the annexation of the land after the purchase. If this is not possible, the concept plan would have to come back to P and Z for review.
5)To approve the variance to reduce the depth of a car space stall depth from 21 ft to 19ft
6)The canopy on bank drive-through should be modified to comply with the required setback.
7)The developer agrees to conduct a silt level survey of the lake before and after construction at their cost provided BLHA will grant the developer lake access.
8)The Performance Bond should be increased from $27,000 to $75,000 to cover problems that could arise in stabilizing the site and to clean out any silt from the lake.
9)The Normal Hours of business will be 6am to Midnight. Delivery and waste collection time shall be limited between 7 am to 7 pm.
Commissioner Johnson seconded the motion. All were in favor and the motion passed.
Chairman Herb said there was one more variance request to consider:
462 Lakeshore Drive (PT lot 49-BL, DC): Variance to build a dock with zero feet set back on both sides of the property versus required 12 ½ feet set back. (39-401-2)
Chairman Herb described the reason for the variance request as he understood it, as the property owner was not at the meeting. The request was to build a dock from one side of the property to the other, versus the required 12½ foot set back. He described the history of the previous variance, which was granted when the owner owned the lot next door as well as the fishing lot as one parcel. However, since then he had split his lot into two parcels and sold the larger lot. The dock currently in place was granted a variance when the two lots were treated as one parcel. He now wanted to build a dock on the fishing lot as the current dock is connected to the property no longer owned by him. The dock that is currently on the lot will need to be removed if the variance is denied.
Commissioner Hammond reclused himself from the discussion and vote of the matter due to avoid perception of a possible conflict of interest as he had inquired to the realtor about purchase of the property.
Commissioner Belt motioned to deny the variance request. Commissioner Johnson seconded the motion. Commissioners Belt, Johnson and Moore approved the motion. Commissioner Hammond abstained. Variance denied.
Chairman Herb said for the record that he had recently granted the following administrative variance:
519 Lakeshore Drive( Lot 10,Sec.4-BL ): variance to expand a non-conforming structure (39-602-1); add pergola over existing patio at rear of home that will be in full conformance and will not increase existing non-conformance impact.
Chairman Herb proposed tabling the discussion of Chapter 39- 807 (Driveway grates and curb and gutters) until next meeting due to the time.
Chairman Herb suggested the next meeting should be on Wednesday June 22nd and asked commissioners to confirm the date as soon as possible. He gave commissioners the variance requests for their review before the next meeting.
In other business, Commissioner Johnson suggested that the commission review the height of sea walls on the lakeside as some were being built that were higher than the need for erosion control. He agreed to investigate the possibility and propose wording for such zoning.
Commissioner Hammond motioned to adjourn the meeting at 9:35 pm. Commissioner Moore seconded the motion. Motion passed.
Respectfully submitted by Jackie wall (Adopted on June 22nd, 2005)
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